When multiple trucking companies are involved in a single accident, there could be multiple defendants and insurers involved in an individual’s personal injury action. The claim must establish which companies are legally responsible for the injuries. The companies may dispute who should pay, but their disagreement does not resolve the claim. Rather, it is the evidence, insurance coverage, and applicable law that will ultimately dictate which claims are viable and how the injured party may recover damages.
Identifying Each Entity’s Liability
Multiple entities can become involved in several ways. Trucks owned by two or more entities may collide with each other. Additionally, two or more entities may provide different types of services related to the same shipment. An example would be where one entity leases equipment to another entity. A third entity serves as a broker for arranging transportation of the goods, and a fourth entity performs repairs on the equipment. These relationships help identify responsibility for the driver, vehicle and work at the time of the accident.
A motor carrier is responsible for transporting goods. A broker is responsible for arranging for a motor carrier to transport goods. While both roles have duties, neither role makes an entity listed on shipping documents automatically liable for an accident. A claim based on a company’s own negligence generally requires a duty of care, a breach of that duty and a causal connection to the injury. This differs from holding an employer responsible for its driver’s negligence.
An employer may be held liable for a driver’s negligence within the scope of employment. Similarly, a company may be questioned regarding its own conduct (e.g., whether it maintained a piece of equipment under its control). These are two separate bases for liability. Labeling a driver as an “independent contractor” does not eliminate all questions concerning liability because the actual working relationship and applicable law still matter.
Connecting the Evidence to the Collision
In order to determine what each driver and entity did to contribute to the collision, investigators may use photographs, witness statements and available video footage to reconstruct the events leading up to the collision. Investigators will also review documentation provided by each entity. Documentation from one entity may assist in establishing a driver’s work schedule while documentation from another entity may assist in demonstrating what was known about a mechanical defect prior to the collision.
Documentation provided by an entity regarding its role in the accident can be just as beneficial as documentation obtained from the scene of the accident. Documentation such as leases, contracts, and shipping documentation can assist in determining which entity operated the truck and which entities provided other services. An experienced truck accident lawyer like those at Bey & Associates can use this documentation to assess the viability of claims against each entity. This assessment can assist in identifying why one entity should be included in the action and why another entity should not be included.
Documentation that is pertinent to an individual’s claim should be reviewed as soon as possible. Federal regulations require certain documentation to be retained by carriers for specific lengths of time. However, federal regulations do not require all documentation to remain available indefinitely. A duty to preserve relevant evidence may arise when litigation is reasonably anticipated, apart from routine retention requirements. Requesting documentation to be preserved can assist in identifying what documentation exists prior to routine deletion or other loss of documentation.
Discovery allows the parties to request documentation from each other and to depose witnesses under oath. Since multiple entities may be involved in an individual’s claim, documentation may be produced by different businesses and individuals. Comparing documentation from different businesses and individuals can assist in verifying conflicting versions of events. However, merely filing an action does not ensure that all requested documentation will be produced or admissible.
How Fault, Insurance, and Settlements Affect Recovery
While finding multiple entities responsible for an individual’s damages does not necessarily mean that they will equally share the cost of those damages, state law dictates how fault affects an award. Some rules limit payment to the share of damages tied to a defendant’s fault. Under joint and several liability, a qualifying defendant may owe more than that share. Since each state has different requirements and exceptions regarding how fault affects an award, a percentage assigned to an entity does not necessarily indicate how much an injured party can collect from that entity.
An injured party’s own fault can also affect recovery. Depending on the state’s laws, an injured party’s recovery may be reduced or prohibited altogether. Thus, evidence regarding an injured party’s own conduct is relevant even when the trucking companies are also disputing fault amongst themselves.
Insurance creates additional questions. Each policy applicable to an individual’s claim must be evaluated to determine who is insured, which vehicles and risks are covered, and what limits apply. Federal insurance requirements vary depending on the type of operation and other factors. Having multiple entities involved in an individual’s claim does not guarantee that each entity has a policy that applies or that each policy will cover all of an individual’s losses.
Compensation must reflect the injuries and losses supported by the evidence. Medical expenses, lost income and pain and suffering may be part of a claim. Treatment and employment records can help establish those losses. Adding defendants to an individual’s claim does not increase the amount of recovery available for the same injury.
An individual’s claim may settle with one entity while claims against other entities remain pending. Language contained within a settlement agreement and state law can impact an individual’s ability to pursue claims against other entities and reduce the amount still recoverable to account for a settlement. Prior to agreeing to a partial settlement, an individual should understand how that settlement will impact the entire claim. If disputes involving an individual’s claim reach trial, a judge or jury will render decisions concerning the issues presented pursuant to applicable law.